Last updated October 2022
These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and ONYX Motorbikes Inc., a Delaware corporation (“ONYX”, “us” or “we”), and apply to all consumer purchases by you of any model of ONYX’s electric bikes (“ebike(s)”) and/or related accessories or other products offered by ONYX (collectively with ebikes, the “Products”) in the United States only. By purchasing any Products from ONYX, whether online or at our showroom, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
These Terms apply to your purchase of the Products and use of the ebikes. Other interactions that you have with ONYX are subject to other agreements.
A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.
In the event you are purchasing an ebike
ONYX will send you an email confirming our receipt of your order. ONYX has accepted your order upon shipment of the ebike. We reserve the right at any time, even after we send you a confirmation email, to decline or cancel your order or to limit order quantities for any reason, including errors or suspected fraud.
To qualify for a Referral Reward, the referred person must
Referring customers will receive a Referral Reward after the referral is confirmed and the referral credit is approved by a customer service member. In the event a referred person returns a purchased Product and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.onyxmotorbikes.com account under an alternate email address.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of
Referral credit cannot be applied to previous purchases and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
We are currently shipping across the United States. (For clarity, we DO NOT ship to Puerto Rico, or other U.S. territories.)
In order to undertake a valid return, you must obtain written approval for such return from ONYX, which can be obtained by completing the request form provided by our customer service department. Any Products sent back to ONYX by you without the written consent of ONYX shall be rejected and returned to you at your cost.
Returns within fourteen (14) days of delivery. On the date of purchase, a non-refundable fee of 50% will be deducted from the total refundable amount. To return an ebike that is not defective or damaged, you must contact ONYX within fourteen (14) days of your receipt of the ebike. The ebike must have less than twenty (20) miles on the odometer, be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that you receive it and must include all items that were inside the box (charger, keys, hardware, etc.). You must receive prior authorization and a prepaid return shipping label from ONYX. Any warranty issues must be resolved prior to processing a return. Returns are not allowed after fourteen (14) days of the delivery date.
Please note that information regarding the expected range on a single charge on one of our ebikes is an estimate, not a guarantee. There are many factors that contribute to actual, real-world range for an ebike battery such as age of the battery, temperature, level of assist, speed, payload, and terrain. Given the right conditions, it is possible to get less than the expected minimum range or greater than the expected maximum range. ONYX reserves the right to use substitute parts, material, or equipment of equivalent quality and value that meet ONYX’s strict standards).
Our website is powered by Shopify and all payments made by you to ONYX are processed through Shopify’s payment portal. Payments may be declined or returned to you, in ONYX’s sole discretion, for any reason or no reason at all. If we accept a pre-order of any Product, your account, credit card, or other payment mechanism will be charged upon approval by ONYX, regardless of when your purchase is expected to ship. If any credit card chargeback of any amount is issued on an order, the Limited Warranty for that order will be paused until the chargeback has been resolved.
WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES.THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR:
YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.
We recommend contacting your insurance provider to determine if your current insurance policy would cover you in the event of an accident.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY ONYX, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT WARRANTY PROVIDED WITH YOUR PRODUCT. OTHERWISE, THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. ONYX AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
IN PARTICULAR, ONYX, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONYX OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS, EVEN IF ONYX, ITS AFFILIATES OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of ONYX. You agree to release, waive, defend, indemnify, and hold ONYX and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from:
ONYX reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ONYX in asserting any available defenses.
If you have any questions or comments regarding these Terms, you may contact ONYX by any of the methods available on our website at www.onyxmotorbikes.com or by mail at the following address:
1924 E. Maple Ave. Suite A El Segundo, CA 90245; ATTN: Legal Department